[As Adopted 12/8/97]

RULE 30. APPENDIX TO THE BRIEFS

(a) Duty of Appellant to Prepare and File; Contents of Appendix; Time for Filing; Number of Copies. Only items actually in the record may be included in the appendix. A signature on the brief, under Rule 28, certifies compliance with this rule. Unless filing of the appendix is deferred under subdivision (c), the appellant shall serve and file an appendix with the appellant's brief. The appendix must be separately bound and contain a table of contents, with page references, and only the following relevant portions of the lower court record:

1. the docket sheet of the lower court, and agency docket sheet when an appeal is taken under the Administrative Agencies Practice Act;

2. the indictment, information, or complaint, as amended;

3. the answer, counterclaim, cross claim, and replies;

4. parts of any pre-trial order relevant to the issues on appeal;

5. any supporting memorandum of decision, findings of fact and conclusions of law filed or delivered orally by the court;

6. the judgment, order, or decision in question;

7. any other orders to be reviewed;

8. the instruction in question, if the correctness of a jury instruction is in issue, and any other relevant part of the jury charge;

9. the notice of appeal;

10. any other relevant parts of the record, including portions of the transcript, to which the particular attention of the court is invited.

Unless they have independent relevance, briefs of the parties in the trial court should not be included in the appendix.

The fact that parts of the record are not included in the appendix does not preclude the parties or the court from relying on those parts.

Eight copies of the appendix must be filed with the clerk, and one copy must be served on counsel for each party separately represented, unless the court by rule or order directs otherwise.

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EXPLANATORY NOTE

Rule 30 was amended, effective September 1, 1983; January 1, 1988; March 1, 1994; March 1, 1996; March 1, 1998.

The March 1, 1996 amendment eliminates the need to designate parts of the record for inclusion in the appendix. Each party may file an appendix as long as there is no duplication. However, the parties are encouraged to agree on the contents of a single appendix. More than one appendix should be filed only in those cases where an agreement as to the contents of the appendix cannot be reached.

The cost of producing an appendix may not be taxed under Rule 39(e), if the appendix includes duplicate or other unnecessary material. A party should also be mindful that under Rule 13, the Supreme Court may award appropriate sanctions.